2022 (4) TMI 1406

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....reinafter referred as 'the Act') 2. The facts in brief are that the assessee is engaged in the business of providing services of warehousing, distribution, logistics, custom clearance inside and outside the special economic zone (SEZ) / Free Trade Warehousing Zone (FTWZ) to its clients. The appellant had filed return of income on 27.09.2013 for AY 2013-14, declaring income of Rs. NIL. The case was taken up for scrutiny and assessment u/s 143(3) of the Act was completed by assessing officer (in short - the AO) on 22.03.2016, determining assessed income at at Rs. 69,95,410/-, by making addition of Rs. 69,95,410/- as follows: (i) addition on account of disallowance of deduction claimed u/s 10AA of I.T.Act amounting to Rs. 51,49,533....

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....arding filing of Form 56F is directory in nature and not mandatory i.e. could be filed even during the course of assessment proceedings. 5. That having regard to the facts and circumstances of the case, learned CIT(A) having admitted the additional evidences under Rule 46A, which have been considered by the learned AO in his remand report, CIT(A) was not justified in not giving the benefit of exemption claimed u/s 10AA of the Income Tax Act, 1961. 6. That the appellant craves the leave to add, amend, modify, delete any of the grounds of appeal before or at the time of hearing and all the above grounds are without prejudice to each other." 5. Heard the Ld. AR and Ld. Sr. DR and perused the record. It was submitted on beh....

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....of considered opinion that the Proviso to Sub Rule 2 of Rule 12 of the Income Tax Rules, 1962 has made furnishing of report electronically mandatory and as per the Rule 12 cited before the Bench, which is available on page no. 2 to 11 of the paper book, as with regard to Section 10A this mandatory requirement is effective retrospectively from 01.04.2014 so in the present assessment year of 2013-14, it was not actually applicable. 7. Then furnishing the report by electronic means is merely one of the modes and nothing is cited on behalf of revenue to show that the noncompliance would result into non-consideration of the report submitted in physical form. The judgment which ld. Counsel for assessee has cited firmly lay down that the requir....